3
(ii) any temple, or any car used for the conveyance of idols, or kept
or used for any religious purpose; or
(c) any film in respect of which the provisions of Part II of the Cinematograph
Act, 1952 will be applicable.”.
37 of 1952.
4. In section 5 of the principal Act, in sub-section (1),—
5
2 of 1974.
10
(i) in the opening portion, for the words beginning with “Subject to such rules”
and ending with “for which he is so authorised”, the following shall be substituted,
namely:—
Amendment
of section 5.
“Notwithstanding anything in the Code of Criminal Procedure, 1973, any
police officer not below the rank of Inspector, or any other officer of the Central
Government or a State Government authorised by the Central Government or the
State Government may”;
(ii) in clause (b), for the words “seize any advertisement or any book, pamphlet,
paper, slide, film, writing, drawing, painting, photograph, representation or figure”, the
words “seize any advertisement or material” shall be substituted.
15
20
5. For section 6 of the principal Act, the following section shall be substituted, namely:—
Substitution of
new section
for section 6.
“6. Any person who contravenes the provisions of section 3 or section 4 shall be
punishable on first conviction with imprisonment of either description for a term which
may extend to three years and also with fine not less than fifty thousand rupees but
which may extend to one lakh rupees; and in the event of a second or subsequent
conviction with imprisonment for a term of not less than two years but which may
extend to seven years and also with a fine not less than one lakh rupees but which may
extend to five lakh rupees.”.
Penalty.
6. After section 10 of the principal Act, the following sections shall be inserted,
namely:—
25
45 of 1860.
Insertion of
new sections
11 and 12.
“11. The provisions of this Act shall be in addition to, and not in derogation of,
any other law for the time being in force.
Application of
other laws not
barred.
12. The officers authorised under section 5 shall be deemed, while acting or
purporting to act in pursuance of any of the provisions of this Act, to be public
servants within the meaning of section 21 of the Indian Penal Code.”.
Officers to be
public
servants.